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Chapter 8 Criminal Law
Terms in this set (42)
Larceny Theft is
the oldest common law theft crime, and most frequently committed (accounts for over 60% of the four serious crimes: larceny,burglary, motor vehicle theft and arson
Common Law of Larceny Theft is
the unlawful taking, or a carrying away(asportation) of the personal property of another with intent to steal.
taking away from ones possession, was created to deter people from committing theft that may cause retaliation.
Constructive possession is
a legal doctrine that refers to the condition of having the power to control an item along with the intent to do so.
What does Florida call theft?
Petit theft <
Grand theft >
$300.00 or certain objects such as a car, firearm, a fire extinguisher, a will, a farm animal, a stop sign
Larceny by trick is
deceptively obtaining possession of goods from a victim who surrenders possession voluntarily and without knowledge of the deceit. (scam)(mislead a person)
Possession as in temporary possession is
Not title to the property
Bailee vs. Baylor
today, when a Bailee misappointed property, some states treat as larceny-theft if the package is broken but embezzlement if it is not broken (breaking open a package and taking goods)
Burglary is common law is
a breaking and entering of the dwelling of another during the nighttime with the intent to commit a felony therein
Burglary in common law required
removing or putting aside of something material, considered part of the house, relied on for security.
Burglary in modern law is
the breaking is the entering but the structure can't be open to the public
Burglary in common/modern both as well required
involvement in any part of the body or use of a tool, although common law excluded using a person or child
enclosed ground, garage, barn, stable, cellar, or other buildings immediately (included within dwelling)
the breaking and entering of an enclosed structure without consent and with the intent to commit a crime therein.
Florida Statute states that burglary is
structure, dwelling, conveyance
any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle, or aircraft, or personal property of another person.
Some statutes include fraud within
ones own property if done with intent to defraud
Arson in common law is
the malicious burning of the dwelling of another
a place where people live/sleep a significant amount of time
misappropriating or misapplying property or money that was already entrusted tot the individual
The crime of embezzlement requires
a conversion - the process of using the property or goods of another for ones own use and without permission
a serious interference with the owners property, not merely a movement of that property
falsely representing a fact, either by conduct or by words or writing in order to induce a person to rely on the misinterpretation and surrender something of value.
What is affinity fraud?
Schemes, scams. People target a specific background or religion etc.
involves anything from lying to the banks to qualify for a loan to foreclosure rescuer scan.
Mail and Wire fraud
mail fraud statue was passed in 1872 and is the oldest of the federal statutes that cover crimes traditionally considered to be state problems
Mail and fraud
typically tie into all types of serious fraud
Health care fraud is
like mortgage fraud, involves lying on a paper (claims) to steal money; induce someone (the government) to rely on that misrepresentation and surrender something of value.
Securities fraud is
involving stocks/shares/debts in companies
Insider trading is
a stockholder with more than 10% buying and selling stock; involves publicly held companies, accounting firms, and record keeping. Why? (its infer. the company keeps internally)
What is insider information?
the disclose or abstain rule exists to making taxing more equitable because it is unfair for insiders to make profits based on information that is not available to the public. Such trading violates a fiduciary duty.
Sarbanes Oxley act of 2002
obstruction of justice (when Feds are knocking on your door, say you tell people your company is profitable and it isn't and they ask and you say sure one second and you start shredding documents); interference with the orderly process of the courts by destroying documents; involves financial statements.
False Pretenses is
obtaining title to property by falsely representing facts to the owner with intent to defraud.
False representation is
as in, a mistake or an opinion will not be sufficient for this crime
to falsely making or altering, with the intent to defraud, a negotiable and legally enforceable instrument, such as a check, is similar to false pretense in that both require an intent to defraud
to forging, copying, or imitating without authority and with intent to defraud. the object of counterfeiting may be coins, paper money, or anything else of value (such as stamps)
Stolen Property is
the buying, receiving, and posessing
Many thieves do not
intent to use the property they steal. They depend on a fence, a person who receives stolen property from a their and in turn disposes of it in a profitable manner.]
Malicious Mischief or Criminal Mischief
is similar to larceny - theft in that it involves a crime against the property of another person, but dissimilar in that it does not require taking property away or intending to deprive the owner of possession.
the entering or remaining unlawfully in or on the premises of another (this could include land, houses, offices, garages, boats or other vehicles), knowing that one is not licensed or privileged to do so, under certain circumstances that may be specified by statute
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